Master Alliance Provisions Guide (MAPGuide)

Lambert Agreement D

  • Liability | Limitation of liability/damage

§7.2

Except under [the warranty in clause [7.1 [and clause 7.10] and the indemnities in clauses [6.6,] 7.3 and 7.4, and subject to clause 7.8, none of the Parties accepts any liability or responsibility for any use which may be made by any other Party of any of the Results, nor for any reliance which may be placed by any other party on any of the Results, nor for advice or information given in connection with any of the Results.

§7.5: No liability for Indirect Damages

Subject to clauses 7.7 and 7.8, and except under the indemnities in clauses [6.6,] 7.3 and 7.4, the liability of each Party to all of the other Parties for any breach of this Agreement, any negligence or arising in any other way out of the subject matter of this Agreement, the Project and the Results, will not extend to: (i) any indirect damages or losses; or (ii) any loss of profits, loss of revenue, loss of data, loss of contracts or opportunity, whether direct or indirect. Even, in each case, if the Party bringing the claim has advised the other of the possibility of those losses, or even if they were within the other Party’s contemplation.

§7.6: Limitation on Amount of Damages

Subject to clauses 7.7 and 7.9, the aggregate liability of each Party to all of the other Parties for any or all breaches of this Agreement, any negligence, or arising in any other way out of the subject matter of this Agreement, the Project and the Results, will not exceed in total [that Party’s Financial Contribution][the portion of the External Funding allocated to that Party] OR [£insert figure].

§7.8: Liability Not Excluded

Nothing in this Agreement limits or excludes any party’s liability for:

(i) death or personal injury caused by negligence;

(ii) any fraud or for any sort of liability which, by law, cannot be limited or excluded; or

(iii) [any loss or damage caused by a deliberate breach of this Agreement].